Cooperation Between Antitrust Agencies at the International Level

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This book addresses the issue of international antitrust enforcement, focusing on bilateral co-operation between antitrust agencies, in particular the European Commission and the US agencies. It first shows how bilateral co-operation was developed as a response to the limits of the unilateral and extraterritorial application of national competition laws, and how it has evolved from an instrument initially designed to avoid conflicts into a tool aimed at co-ordinating joint investigations of international competition cases. It then considers how bilateral co-operation could be optimally used, by analysing two forms of advanced co-operation: the exchange of confidential information and positive comity, which is the only satisfactory answer competition law can provide to market access cases. It shows that the use of such instruments is limited by significant legal and political obstacles, even in the context of the exemplary EC-US relationship.

...this is an interesting, provocative, and well-written text, which merits reading, and which may be strongly recommended. Dr Mark Furse, University of Glasgow European Competition Law Review August 2004

Table of Cases

Table of Treaties

Table of Legislation

Introduction

p. 1

Addressing international restrictive practices at the national level: a necessary but insufficient step

p. 7

The generalisation of the effects doctrine as the first response to the globalisation of anticompetitive practices

p. 7

The practical limitations to the unilateral application of domestic laws in international competition cases

p. 33

Soft cooperation, or the coordination of antitrust investigations

p. 53

Towards increased cooperation: the evolution of the provisions of the existing bilateral agreements

p. 53

Soft cooperation as it stands: the implementation of the bilateral agreements

p. 78

Towards hard cooperation: the exchange of confidential information

p. 119

Reluctance to conclude agreements on exchange of information is a characteristic of international cooperation in the field of antitrust

p. 121

The instruments of exchange of information

p. 145

Towards hard cooperation: positive comity

p. 183

The experience of positive comity shows the possible scope and the limits of the use of this instrument

p. 185

Assessing the potential legal scope of positive comity

p. 198

Conclusion

p. 225

Completing bilateral cooperation: the multilateral option

p. 229

A plurilateral agreement on competition rules: a necessary but difficult step to complement bilateral cooperation between antitrust agencies

p. 229

The possible content of a multilateral agreement on competition policy, in the light of the experience acquired through bilateral cooperation